Bs. As., 12/3/92
VISTO is informed by Mr. Prefecto Nacional Naval, as proposed by the Minister of Defence, and
That the rules of Section 4, Chapter 1, Title 6 of the " MARITIMA, FLUVIAL AND LACUSTRE" (REGINAVE), regulation of the activity of the Naval Peritos, does not allow to enable all the professionals, technicians and specialists strictly connected with the maritime, fluvial, lacustre or harbour activities.
That what was said in the previous considering arises from the provisions of articles 601,0401 and 601.0403 of the REGINAVE, currently in force, which in determining the specialties of Perito Naval and having the conditions to access each one of them, prevents those who are not covered by the tax list of such articles to obtain their qualification.
In addition, article 601.0403 suffers from a lack of equity, in the absence of an equality criterion in the requirements for the different specialties, which must necessarily have the statutory rules.
That Law No. 20,094, Law on Navigation, referring to the terrestrial personnel of navigation, where the Naval Peritos are included, provides that any person engaged in the exercise of his profession, office or occupation in harbour jurisdiction or in connection with maritime, river, lacustre or port activity is part of such personnel.
That, in order to achieve a more flexible and dynamic normative system, it is necessary to proceed to the total replacement of the regulatory regime of the activity of naval experts.
That article 86, paragraph 2, of the Constitution, by providing the powers of the NATIONAL EXECUTIVE POWER, empowers it to issue such regulations as may be necessary to enforce the laws.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 -- Replace Section 4 of Chapter 1, Title 6 of the " MARITIMA, FLUVIAL or LACUSTRE NAVEGATION REVIEW" (REGINAVE), approved by Decree No. 4516 of 16 May 1973, which adds as annex 1 and forms part of this decree. Art. 2o -- The qualifications and registrations of Perito Naval granted prior to the promulgation of this decree shall remain valid for the period of UN (1) year from its publication in the Official Gazette; in that period, those holding the title of Perito Naval shall rewrite in accordance with the rules approved by the previous article. Art. 3o -- Communicate, publish, give yourself to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRATION and archvese.- MENEM. Antonio E. González. - Lion C. Arslanian.
OF NAVAL PERIODS
601.0401. persons who can access their qualification and registration as Naval Experts.
The Prefecture will enable and enroll all those who possess a degree or certificate, professional or technical, as provided by art. c. 116, in accordance with article 111, of Law 20.094, Law on Navigation, maintains a strict connection with maritime, river, lacustre or port activities.
601.0402 Naval Perito Specialties.
The Prefecture will grant qualification as a naval expert in the following specialties:
c. Naval technique.
g. Salvage and diving.
The preceding enumeration is not taxative, the Prefecture may have permits from Perito Naval in other specialties, granting to them the denomination that arises from the title or certificate, professional or technical, that possess the persons who claim such a qualification, provided that they comply with the prescript in the previous article.
601.0403. Conditions for empowerment.
In order to be enabled as a Naval Perito, in any of the specialties listed or those provided by the Prefecture in accordance with the preceding article, the conditions established by the arts must be met. 115 and 116 (c) of Act No. 20.094 and the following:
a. Fix a domicile in which notifications to be performed by the Prefecture can be effectively made.
b. Accredit the age of art. 129 of the Cod. Civil.
c. Comply with the requirements that, for each specialty, establish the Prefecture in order to establish the experience, capacity or suitability of the person who requests its qualification.
In order to prove that the moral conditions referred to in article are possessed. 115 of the Act, persons applying for their qualifications shall be required to prove that they have no record, of any kind that constitute an impediment to this.
601.0404. Enabling and enrolling in the National Registry of Navigation Personnel.
Persons who comply with the conditions set out in the previous article and those provided by the Prefecture in accordance with the article (c) shall be authorized by the above-mentioned authority in the appropriate specialty and shall be registered in the respective Section of the National Registry of Navigation Personnel.
The Prefecture shall have the procedure and formalities for the qualification and registration and the contents of the Section of such registration.
601.0405. Enabling and enrolling in more than one specialty.
Persons who so request may obtain empowerment in more than one of the specialties determined under art. 601.0402, provided that they meet the conditions required for each of them; they shall also be registered in the respective Section of the National Registry of Navigation Personnel, with each of the qualifications granted, in accordance with the provisions set out in the preceding article.
601.0406. Enabling blocks.
The authorization of Perito Naval, in any of the specialties determined according to art. 601.0402, gives the person who possesses it, the authority to give an opinion on matters of fact subject to its consideration.
601.0407. Scope of action.
Naval Peritos enabled in accordance with the provisions of art. 601.0404, may only exercise their functions within the jurisdiction of the Prefecture or when they do so in relation to activities regulated or controlled by the Prefecture Authority.
601.0408. Peritajes que puedan realizar los Peritos Navales.
The Prefecture will have the expertise to be performed by the naval experts, for every specialty they possess, taking into account the emerging capacity and suitability of the title, certificate or specialization, which has allowed the authorization granted.
601.0409. Enabling document.
To any person registered as Perito Naval, the Prefecture will grant an enabling document, for every specialty granted; that document will have the characteristics and contain the data that the aforementioned authority has.
601.0410. Renewal of registration.
Individuals registered as Perito Naval must renew their registration within the deadlines and comply with the procedures and formalities established by the Prefecture.
601.0411. Loss of the enabling document.
In the event of loss of the enabling document, the holder may obtain a new document in compliance with the requirements, procedure and formalities provided by the Prefecture.
601.0412. Domicile update.
Naval experts should keep the domicile updated in the respective section of the registration carried by the Prefecture.
601.0413. Activity cessation.
Any Naval Perito who ceases in the exercise of his activity as such, any cause that motivates him, must immediately communicate it to the Prefecture, so that it proceeds to cancel the or the qualifications of the ceaser.
Naval experts will be disqualified:
a. Where any of the grounds provided for in art. 117 of Law 20.094.
b. When they do not comply with the provisions of arts. 601.0410, 601.0412 and 601.0413.
Given the cause that has caused the suspension of the qualification, the naval experts may obtain their rehabilitation in accordance with the requirements, procedure and formalities established by the Prefecture.